nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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govind440
08-30 07:05 AM
Hi
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
tanx for ur reply. I already quit the job since i could not bear him..any more nd his mental torture...I ma planing to give a compliant to DOL and wanna c if it can be helpful to me..Si i cnat record anymore i tohught of recording it but never really got a courage to do that. I will c if i cna sue him...
Try to record few of your conversations with him with a hidden camcorder and/or voice recorder, once you are sure you have enough evidence - talk to a good lawyer, also file for a h1b transfer and change job and once you get into your new job sue this old employer for mental agony and torture etc....... lawyer will manage this
brawn81
11-25 03:32 PM
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
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jo3350
05-13 10:16 AM
President Bush is going to be giving a speech on Immigration this Monday at 8 p.m EST. Is there any way IV can get the Issue of Legal Immikgration addressed in his speech.
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ragz4u
04-13 09:58 AM
So total is 90 days after Prez signs (normal for every bill) + 90 days (sessions amendment) = 6 months
Jeff Wheeler
11-27 04:36 AM
Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.
AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.
btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?
ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.
I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.
AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.
btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?
ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.
I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.
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dollar500
04-09 08:50 PM
Thanks all.
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seahawks
06-27 01:18 AM
yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.
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53885
05-14 07:53 PM
They dont want to loose visa numbers for this year. 2 years movement guarantees that those eligible can file 485 & EAD. If next month USCIS receives 50,000 applications the dates could move back.
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..
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seeking_GC
09-23 06:31 PM
Thanks for this info. Would you mind sharing the fax number? Thanks in advance.
I assume you mean the fax number for NSC - it is 402-219-6171.
I assume you mean the fax number for NSC - it is 402-219-6171.
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americandesi
06-17 11:48 PM
There is an option in US Greencard called “Commuter Permanent Resident Card”. Refer the link below for more details
http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf
This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.
(ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.
The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.
http://www.lanepowell.com/pressroom/pubs/pdfold/bc_2002_0005.pdf
This GC allows you to live in Canada/Mexico and commute to United States for work. Though you are loosing the year count towards US Citizenship with this GC, I think it’s a better option for anyone who wants to apply for citizenship in both countries.
(ie) Convert the regular Permanent resident card to “Commuter Permanent Resident Card” (Form I-90) -> Live in canada and commute to work in US for the next 3 years (Windsor-Detroit) -> get the canadian citizenship after 3 years -> convert the “Commuter Permanent Resident Card” to regular Permanent resident card (Form I-90) and settle down in US -> Get the US citizenship after 5 years.
The advantage with this approach is that you earn in US dollars though you live in Canada during the first 3 years.
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chi_shark
03-11 11:06 AM
I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.
In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?
i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...
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yabadaba
07-12 08:47 AM
what the hell is AILF doing????? why hasnt the lawsuit been filed yet????
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Karthikthiru
08-01 11:16 PM
We all have to keep assuming like this only. The only way is to lobby and increase the the VISA numbers per year. So we all should show up on the Sep 13th rally and show our strength
Karthik
Karthik
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theperm
07-13 02:29 PM
Guys....suits will have ppl swooning over coz of the heat....pure white won`t look as crisp. Business casual outfits (Crisp shirts & pants with formal shoes)for both guys & gals will beat the summer heat look professional will send the message across. & a Big bottle of water for sure !!!
-my 2 cents
-my 2 cents
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MatsP
June 7th, 2005, 02:21 AM
These are all good suggestions and translate well from my film days. I also read that, whereas in b&w the adage was expose for the shadows and develop (or print) for highlights, in digital it is the reverse - expose to preserve detail in the highlights and then use your curves in RAW to fix the shadows where you want them. So I'll have to put all that to work this week / weekend. If the flowers stay around, that is.
Yeah, that seems like a reasonable approach. The b&w film is probably much more tolerant to overexposure than the sensor, same as colour film, you can overexpose several stops, and as long as you compensate in the printing phase. Not so with digital cameras, they can tolerate only a very mild case of overexposure. In RAW it's a little bit more tolerant than if you use JPG in the camera, but only because the most fine details in the highlight is lost when converting from internal RAW pixels to 8-bit pixels for the JPG. Also consider that the lost information is actually just the last few bits, so when multiplied up to show a decent image, you'd still get a pretty sketchy result.
I'd also like to concur with Josh about the sensitivity: the range that the sensor can accept intense light is pretty much the same for all DSLR's for the same generation. You'll just have to live with it, compensate for it and wait for the next generation of sensors that are more tolerant... ;-)
--
Mats
Yeah, that seems like a reasonable approach. The b&w film is probably much more tolerant to overexposure than the sensor, same as colour film, you can overexpose several stops, and as long as you compensate in the printing phase. Not so with digital cameras, they can tolerate only a very mild case of overexposure. In RAW it's a little bit more tolerant than if you use JPG in the camera, but only because the most fine details in the highlight is lost when converting from internal RAW pixels to 8-bit pixels for the JPG. Also consider that the lost information is actually just the last few bits, so when multiplied up to show a decent image, you'd still get a pretty sketchy result.
I'd also like to concur with Josh about the sensitivity: the range that the sensor can accept intense light is pretty much the same for all DSLR's for the same generation. You'll just have to live with it, compensate for it and wait for the next generation of sensors that are more tolerant... ;-)
--
Mats
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hmehta
12-14 01:16 PM
Best course of action would be to go to your Home Country during that period....visa stamping is not a big deal at all.....njoy your vacation...for you might not get this much off/free time in the foreseeable future!!!!
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
You can not work after 7/9/2007.
The end of the OPT will determine when you must stop working.
The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.
andy
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imcdude
09-19 07:23 PM
Please check with your attorney on this issue.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
If this happened by accident, altough it seems to work in your favor, there is a possibility that there could be trouble if you had to validate your visa.
So check with your lawyer that it was not a mistake.
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newxyz100
07-17 04:34 PM
I think you need to be in US when the application reaches the USCIS office.
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
Right now you can send the application to your lawyers office and ask him to check the application.Mail it to the USCIS when u r back in the country.
Once you travel outside the US you dont have any status,u need to be in country to adjust your status from non immgrant to immgrant.
Am I in the same situation? My spouse left US today to INDIA. However we filled the 485 on July 2nd. Will they consider that as abandonment of the application?
GCwaitforever
08-16 11:25 AM
I checked UK Embassy web site this weekend. Apparently they ask for original certificates while taking application for HSMP. That is a sticking point with me. Also could someone suggest a good site to look for UK jobs? What are the pros and cons? Any ideas on the life style in UK? What is the impact of latest terror plots on life etc ...
I will post the Embassy links directly when I get home. You should be able to do it yourself without having to go through a middleman. I guess workpermit.com is a middleman.
I will post the Embassy links directly when I get home. You should be able to do it yourself without having to go through a middleman. I guess workpermit.com is a middleman.
Life2Live
02-27 04:50 PM
I resubmitted my I-485 petition sometime Nov 2008. So far no receipt, made a query with USCIS. Now I got letter from USCIS saying that they did not found my package, they want me resubmit with all the evidence and previous of copy of application.
We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.
Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....
We have been planning to go to India and get it stamped since we are in 6th year. My company is such a lowsy company (If god is there, he should punish this BLOOD SUCKING TECHNOLOGIES COMPANY HEAVILY) they will take resubmittal of 485 for another couple of months.
Should I have to wait some more time and just send family for their trip mean time? Write letter to OmBudsman....
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